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Court Procedures Rules
2752Estate and trust accounts—conduct of examination
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2752 Estate and trust accounts—conduct of examination
(1) A beneficiary of an estate or trust property—
(a) may attend before the registrar at the examination of accounts of
the estate or trust property under this division; but
(b) may not object to the passing of the accounts unless the
beneficiary has filed a notice under rule 2750 (Estate and trust
accounts—appearance of beneficiary at examination).
(2) However, if no-one files a notice under rule 2750 in relation to the
examination, the registrar may pass the accounts on the oath of the
executor, administrator or trustee alone with appropriate verification.
(3) On the taking of the accounts, each payment of more than $50 must
be verified—
(a) by a proper receipt signed by the person who is claimed to have
received the payment; or
(b) in the way the registrar considers satisfactory.
(4) However, the accounts may be passed on the production of a
certificate by a properly qualified accountant of the correctness of the
accounts if—
(a) the accounts consist entirely of items of receipts and expenditure
paid into and drawn out of the trust account of a solicitor for the
executor, administrator or trustee; and
Rule 2753
(b) the trust account has been properly audited by the accountant in
a way that discloses in detail the receipts and disbursements and
the true position of the estate or trust property accounts.
Note See approved form 2.82 (Accountant’s certificate of correctness of
accounts) AF2006-327.
(5) Also, the registrar may require the accounts to be filed in the way
otherwise prescribed by these rules and to be further verified.
(6) The result of the registrar’s examination of the accounts must be set
out in a certificate.
Note See approved form 2.83 (Registrar’s certificate of examination of
accounts) AF2006-328.